Infant & Dietetic Food Association Ltd & Ors, Re Judicial Review [2008] ScotCS CSOH_87 (10 June 2008)

Infant & Dietetic Food Association Ltd & Ors, Re Judicial Review [2008] ScotCS CSOH_87 (10 June 2008)

Article 18 of Directive 2006/141/EC requires that the transitional period for compliance with both compositional and labelling requirements extends until 31 December 2009. The Scottish Ministers acted ultra vires by making non-compliant labelling a criminal offence from 31 December 2007. The phrase 'trade in products' in Article 18 encompasses both composition and labelling, and the 2007 Regulations failed to accurately transpose the Directive.

Citation
[2008] ScotCS CSOH_87
Parties
Petitioner: The Infant and Dietetic Food Association Limited; Petitioner: John Wyeth & Brothers Limited; Petitioner: Nutricia Limited; Petitioner: H J Heinz Limited; Respondent: Scottish Ministers; Interested Party: Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
10 June 2008
Procedural Posture
Judicial Review / First Hearing, Opinion Issued, Case Put Out by Order for Further Discussion on Orders
Outcome
Petitioners succeed; 2007 Regulations in relation to enforcement of labelling requirements held invalid.
Legal Topics
Implementation of EU Directives, Ultra Vires, Transitional Provisions, Labelling Regulations, Food Law, Devolution, Proportionality
Administrative Law European Union Law Constitutional Law Implementation of EU Directives Ultra Vires Transitional Provisions Labelling Regulations Food Law +2 more

Case Brief

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Parties

The Infant and Dietetic Food Association Limited

Petitioner

John Wyeth & Brothers Limited

Petitioner

Nutricia Limited

Petitioner

H J Heinz Limited

Petitioner

Scottish Ministers

Respondent

Advocate General for Scotland

Interested Party

Procedural Posture

Judicial Review / First Hearing, Opinion Issued, Case Put Out by Order for Further Discussion on Orders

Legal Issues

  1. 1 Whether the Scottish Ministers acted ultra vires in making the Infant Formula and Follow-On Formula (Scotland) Regulations 2007 by failing to provide a transitional period for labelling requirements as mandated by Directive 2006/141/EC.
  2. 2 Proper construction of Article 18 of Directive 2006/141/EC regarding the timing of enforcement of labelling requirements.

Ratio Decidendi

Article 18 of Directive 2006/141/EC requires that the transitional period for compliance with both compositional and labelling requirements extends until 31 December 2009. The Scottish Ministers acted ultra vires by making non-compliant labelling a criminal offence from 31 December 2007. The phrase 'trade in products' in Article 18 encompasses both composition and labelling, and the 2007 Regulations failed to accurately transpose the Directive.

Court Disposition

Petitioners succeed; 2007 Regulations in relation to enforcement of labelling requirements held invalid.

Orders

  • Case put out By Order for discussion as to what orders should be pronounced in light of the Opinion.